82R3742 JAM-F
By: Otto H.B. No. 1037
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an alternative fuel program to be funded
by the Texas emissions reduction plan fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.252(a), Health and Safety Code, as
amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan and shall be
allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which:
(A) not more than four percent may be used for the
clean school bus program;
(B) not more than 10 percent may be used for
on-road diesel purchase or lease incentives; [and]
(C) a specified amount may be used for the new
technology implementation grant program, from which a defined
amount may be set aside for electricity storage projects related to
renewable energy;
(D) five percent shall be used for the clean
fleet program; and
(E) two percent may be used for the alternative
fueling facilities program;
(2) for the new technology research and development
program, nine percent of the money in the fund, of which:
(A) up to $200,000 is allocated for a health
effects study;
(B) $500,000 is to be deposited in the state
treasury to the credit of the clean air account created under
Section 382.0622 to supplement funding for air quality planning
activities in affected counties;
(C) not less than 20 percent is to be allocated
each year to support research related to air quality as provided by
Section 387.010; and
(D) the balance is allocated each year to the
commission to be used to:
(i) implement and administer the new
technology research and development program for the purpose of
identifying, testing, and evaluating new emissions-reducing
technologies with potential for commercialization in this state and
to facilitate their certification or verification; and
(ii) contract with the Energy Systems
Laboratory at the Texas Engineering Experiment Station for $216,000
annually for the development and annual computation of creditable
statewide emissions reductions obtained through wind and other
renewable energy resources for the state implementation plan; and
(3) two percent is allocated to the commission and 1.5
percent is allocated to the laboratory for administrative costs
incurred by the commission and the laboratory.
SECTION 2. Section 386.252, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The commission may allocate unexpended money designated
for the alternative fueling facilities program to other programs
described under Subsection (a) after the commission allocates money
to recipients under the alternative fueling facilities program.
SECTION 3. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 393 to read as follows:
CHAPTER 393. ALTERNATIVE FUELING FACILITIES PROGRAM
Sec. 393.001. DEFINITIONS. In this chapter:
(1) "Alternative fuel" means a fuel other than
gasoline or diesel fuel, other than biodiesel fuel, including
electricity, compressed natural gas, liquified natural gas,
hydrogen, propane, or a mixture of fuels containing at least 85
percent methanol by volume.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Program" means the Texas alternative fueling
facilities program established under this chapter.
Sec. 393.002. PROGRAM. (a) The commission shall establish
and administer the Texas alternative fueling facilities program to
provide fueling facilities for alternative fuel in nonattainment
areas. Under the program, the commission shall provide a grant for
each eligible facility to offset the cost of those facilities.
(b) An entity that constructs, reconstructs, or acquires an
alternative fueling facility is eligible to participate in the
program.
Sec. 393.003. APPLICATION FOR GRANT. (a) An entity
operating in this state that constructs, reconstructs, or acquires
a facility to store, compress, or dispense alternative fuels may
apply for and receive a grant under the program.
(b) The commission may adopt guidelines to allow a regional
planning commission, council of governments, or similar regional
planning agency created under Chapter 391, Local Government Code,
or a private nonprofit organization to apply for and receive a grant
to improve the ability of the program to achieve its goals.
(c) An application for a grant under this chapter must be
made on a form provided by the commission and must contain the
information required by the commission.
Sec. 393.004. ELIGIBILITY OF FACILITIES FOR GRANTS. (a)
The commission by rule shall establish criteria for prioritizing
facilities eligible to receive grants under this chapter. The
commission shall review and revise the criteria as appropriate.
(b) To be eligible for a grant under the program, the entity
receiving the grant must agree to make the alternative fueling
facility available to persons not associated with the entity at
times designated by the grant agreement.
(c) A recipient of a grant under this chapter is not
eligible to receive a second grant under this chapter for the same
facility.
Sec. 393.005. RESTRICTION ON USE OF GRANT. A recipient of a
grant under this chapter shall use the grant only to pay the costs
of the facility for which the grant is made. The recipient may not
use the grant to pay the recipient's administrative expenses.
Sec. 393.006. AMOUNT OF GRANT. For each eligible facility
for which a recipient is awarded a grant under the program, the
commission shall award the grant in an amount equal to the lesser
of:
(1) 50 percent of the sum of the actual costs incurred
by the grant recipient in one calendar year to construct,
reconstruct, or acquire the facility; or
(2) $500,000.
Sec. 393.007. EXPIRATION. This chapter expires August 31,
2018.
SECTION 4. The Texas Commission on Environmental Quality
shall adopt rules under Section 393.004, Health and Safety Code, as
added by this Act, as soon as practicable after the effective date
of this Act.
SECTION 5. This Act takes effect September 1, 2011.